mykeystrokes.com

"Do or Do not. There is no try."

“Bill O’Reilly Will Never Pay”: Why Domestic Abuse Allegations Won’t Faze Fox News

It should come as no surprise that Fox News didn’t mention the latest awful allegations about Bill O’Reilly’s behavior toward women on Monday night. But given the ugliness of the reports – Gawker says that his ex-wife accused him, in sealed divorce documents, of choking her and dragging her by the neck down the stairs of their Manhasset mansion – it’s hard not to wonder what, if anything, would get O’Reilly in trouble with Roger Ailes.

We already know he settled a sexual harassment lawsuit by Fox producer Andrea Mackris, whose details became the stuff of journalistic legend – we will never think of falafel, or loofah, the same way. Now, while we don’t know the entire truth about his divorce, or why he lost custody of his children, we know enough to say he probably shouldn’t be lecturing anyone on family values. (For the record, O’Reilly today denied the charges.)

Yet he will almost certainly continue to tell African American men how to behave with women, and how to parent, because Roger Ailes doesn’t care about hypocrisy.

Now, we do have one example of Ailes tiring of a tempestuous host: Glenn Beck, in 2011. But Beck’s insane shtick was tarnishing the brand. O’Reilly’s angry white man shtick is the Fox brand. Without some explosive new evidence – his ex-wife refuses to comment on the charges, and she apparently did not call police when it happened – O’Reilly is likely to survive.

That doesn’t mean he isn’t wholly reprehensible. The cluster of reports about O’Reilly’s divorce from Maureen McPhilmy are appalling. He used his clout as a donor to police charities to make trouble for McPhilmy’s new boyfriend (now husband), a Nassau County police detective. As a powerful (and hypocritical) Catholic, he’s tried to have their marriage annulled, which would negate the “sin” of divorce and allow the parties to marry again in the church.

That privilege used to be reserved for short term, childless (at one time, “unconsummated”), disastrous marriages that both parties quickly recognized as a mistake; now powerful Catholics, usually men, receive annulments for long-term marriages that produced children, and they often force them on unwilling spouses. (Yes, you’ll recall that Rudy Giuliani did that to his first wife.) And in the meantime, the Fox bully tried to get McPhilmy ex-communicated from the church for the “sin” of divorce, and succeeded in getting her local parish to reprimand her for taking communion.

This latest allegation is particularly awful because it comes from his 16-year-old daughter, who told a custody investigator, according to Gawker, that she witnessed the abuse before her parents separated five years ago. McPhilmy got sole custody at least partly because O’Reilly violated the terms of their joint custody agreement, hiring the children’s therapist, who was supposed to supervise the custody situation, as a member of his staff.

But at least he didn’t yell at his wife, “Hey M-Fer, I want more iced tea.”

Of course, even if you give O’Reilly the benefit of some doubt, it’s clear his family life is a mess. Yet he regularly rails at African American families from his lofty perch at Fox. “The reason there is so much violence and chaos in the black precincts is the disintegration of the African-American family…The lack of involved fathers leads to young boys growing up resentful and unsupervised,” he said last August.

In December, he continued to fulminate: “The astronomical crime rate among young black men—violent crime—drives suspicion and hostility. … No supervision, kids with no fathers—the black neighborhoods are devastated by the drug gangs who prey upon their own. That’s the problem!”

Now O’Reilly’s kids are growing up with no father in the home – but apparently a judge thinks they will be better off that way.

O’Reilly has even called domestic violence “a terrible plague,” telling 2016 GOP presidential hopeful Ben Carson last year:  “I’m telling you, battery against women in this country and around the world is just out of control.”

But why would Ailes care about any of that? His audience probably doesn’t care. Fox’s over-65, predominantly male viewers probably see both sexual harassment and domestic violence as issues hyped by feminazis and the liberal news media.

Ailes’s entire news operation is built on a central fiction – and the fiction is that it’s a news organization at all. So why would it be a problem if it’s fronted by a family values hypocrite who’s actually a serial abuser of women?

 

By: Joan Walsh, Editor at Large, Salon, May 19, 2015

May 20, 2015 Posted by | Bill O'Reilly, Domestic Violence, Fox News | , , , , , , | 1 Comment

“Our National Legacy”: North Charleston Murder Stems From American Tradition

An unarmed man shot in the back. An innocent man released after serving 30 years on death row. The centennial of Billie Holiday’s birth. These are the stories that emanated from my radio yesterday, and all bear a common thread: the devaluing of black life.

The biggest news, of course, came from North Charleston, South Carolina, where Walter Scott, an unarmed black man, was shot in the back by a white police officer after fleeing on foot from the scene of a “routine traffic stop”—also known in some parts as “driving while black.”  One difference this time: The cop was charged with murder after a damning cell-phone video, shot by a bystander, was provided to state authorities, and then posted on the website of the Charleston Post and Courier.

Scott was shot eight times. The video shows the officer, Michael T. Slager, dropping an object, which appears to be his Taser stun-gun, next to Scott’s body. Slager told his bosses that Scott had grabbed the Taser from him. In truth, it seems that what Scott was killed for was not any threat he posed to the officer’s life, but rather the ego of a white cop who couldn’t bear to have his authority defied by a black man. Think about Michael Brown and Eric Garner. Isn’t that ultimately why they died?

It may seem that police killings of black people—and general harassment of African Americans by law enforcement—are on the rise, but chances are that they are not. Chances are better than good that this is the way it’s always been. It’s just that citizens are now able to shoot videos with their phones, and to take to social media to howl about injustice the moment it occurs.

Take the case of Anthony Ray Hinton, 58, just released from Alabama’s death row after spending half his life there for two 1985 murders he didn’t commit. His conviction was based on police assertions that the bullets found at the scene of the crime matched a gun found in his mother’s house. But, when both were tested decades later, they didn’t. Here’s how Hinton explained his predicament to the BBC:

He said he was told by police the crime would be “put on him” and there were five things that would convict him.

“The police said: ‘First of all you’re black, second of all you’ve been in prison before, third, you’re going to have a white judge, fourth, you’re more than likely to have a white jury, and fifth, when the prosecution get to putting this case together you know what that spells? Conviction, conviction, conviction, conviction, conviction.’ He was [right] and that’s what happened.”

He said: “I think if I’d have been white they would have tested the gun and said it don’t match and I would have been released, but when you’re poor and black in America you stand a higher chance of going to prison for something you didn’t do.”

Yesterday also brought human-interest stories marking 100 years since the birth of the great jazz innovator, Billie Holiday—meaning that, if, like me, you listen to the kind of radio that celebrates America’s classical music (because that’s what jazz is), you may have caught the iconic strains of Holiday’s brutally graphic tour de force lament of lynching, the centuries-old practice of white mobs hunting down a black person, torturing and mutilating that person, and then usually hanging the body from a tree. For those unfamiliar, here are the opening lines (lyric by Abel Meeropol):

Southern trees bear a strange fruit

Blood on the leaves, and blood at the root

Black body swingin’ in the Southern breeze

Strange fruit hangin’ from the poplar trees

But you should really listen to the whole thing. Every American should. In fact, it should be part of the Common Core curriculum. Because until we understand this legacy—our national legacy—it’s hard to see how things will ever truly change, except, perhaps, by matter of degree.

 

By: Adele M. Stan, Guest Blogger, The American Prospect, April 8, 2015

April 9, 2015 Posted by | American History, Police Abuse, Police Shootings | , , , , , , | 2 Comments

“15 Reasons America’s Police Are So Brutal”: An Embedded Culture, Tamir Rice And Eric Garner Aren’t Anomalies

Handcuffed teenagers beaten bloody with guns. Unarmed people shot and killed in their cars. Cops firing guns carelessly into busy streets. Mentally ill people tasered in ambulances. Supervisors refusing to challenge a brutal status quo.

These examples didn’t come from the New York City Police Department or Ferguson, Missouri, where the killing of unarmed black men by white cops has created a national outcry over institutional racism and excessive force. They were from Ohio, where the U.S. Department of Justice just finished an investigation and report on abusive and often unconstitutional policing by Cleveland Division of Police between 2010 and 2013. They were compiled before November 22, when a rookie officer shot and killed a 12-year-old African-American boy, Tamir Rice, for waving a toy gun around on a playground.

The DOJ’s findings raise big questions. It’s not just how widespread is the problem of excessive force and a corresponding lack of accountability. The harder questions include what can be done to change police culture, reverse many out-of-control tactics, and instill a belief across entire forces that restraint and accountability protect cops and civilians.

“We found that field supervisors are failing in some of the most fundamental aspects of their responsibilities—reviewing and investigating the uses of force of the officers under their command, and correcting dangerous tactical choices that place the officer and others at risk,” Mayor Frank Jackson said of the report, underscoring systemic problems.

When releasing the report, U.S. Attorney General Eric Holder announced the DOJ would work with Cleveland under a consent decree and a federal court will oversee reforms. But a decade ago, the DOJ also investigated police abuses in Cleveland and found similar patterns surrounding excessive force. The city’s police pledged reforms would come—yet the department’s nasty status quo obviously has resurfaced.

“The voluntary reforms undertaken at that time did not create the systems of accountability necessary to ensure a long-term remedy to these issues,” the DOJ’s new report said. “More work is necessary to ensure that officers have the proper guidance, training, support, supervision, and oversight to carry out their law enforcement responsibilities safely and in accordance with individuals’ constitutional rights.”

That summation describing needed reforms typifies today’s political rhetoric surrounding the crisis in militarized American policing. The DOJ report didn’t say what explicit steps needed to be taken. But it did describe how deeply embedded excessive force was among Cleveland’s police, what was wrong and broken in their culture and police procedures, and what was missing and needed to change.

That unvarnished look reveals how hard it will be to reform out-of-control departments, whether in Cleveland, Staten Island, Ferguson, or elsewhere. Here are 15 excerpts from the DOJ’s Cleveland report showing how deeply embedded police brutality is, and why recent political rhetoric promising solutions barely scratches the surface.

1. The Street Cops Are On Their Own: “We found that CDP officers too often use unnecessary and unreasonable force in violation of the Constitution. Supervisors tolerate this behavior and, in some cases, endorse it. Officers report that they receive little supervision, guidance, and support from the Division, essentially leaving them to determine for themselves how to perform their difficult and dangerous jobs.”

2. Excessive Force Is Expected And Covered Up: “These incidents of excessive force are rooted in common structural deficiencies. CDP’s pattern or practice of excessive force is both reflected by and stems from its failure to adequately review and investigate officers’ uses of force; fully and objectively investigate all allegations of misconduct; identify and respond to patterns of at-risk behavior; provide its officers with the support, training, supervision, and equipment needed to allow them to do their jobs safely and effectively; adopt and enforce appropriate policies; and implement effective community policing strategies at all levels of CDP.”

3. Using Maximum Force Has Become Routine: “For example, we found incidents of CDP officers firing their guns at people who do not pose an immediate threat of death or serious bodily injury to officers or others and using guns in a careless and dangerous manner, including hitting people on the head with their guns, in circumstances where deadly force is not justified. Officers also use less lethal force that is significantly out of proportion to the resistance encountered and officers too often escalate incidents with citizens instead of using effective and accepted tactics to de-escalate tension.

“We reviewed incidents where officers used Tasers, oleoresin capsicum spray (“OC Spray”), or punched people who were already subdued, including people in handcuffs. Many of these people could have been controlled with a lesser application of force. At times, this force appears to have been applied as punishment for the person’s earlier verbal or physical resistance to an officer’s command, and is not based on a current threat posed by the person. This retaliatory use of force is not legally justified. Our review also revealed that officers use excessive force against individuals who are in mental health crisis or who may be unable to understand or comply with officers’ commands, including when the individual is not suspected of having committed any crime at all.”

4. Police Don’t Know How To De-escalate: Officers “too often fire their weapons in a manner and in circumstances that place innocent bystanders in danger; and accidentally fire them, sometimes fortuitously hitting nothing and other times shooting people and seriously injuring them. CDP officers too often use dangerous and poor tactics to try to gain control of suspects, which results in the application of additional force or places others in danger. Critically, officers do not make effective use of de-escalation techniques, too often instead escalating encounters and employing force when it may not be needed and could be avoided.”

5. Top Cops Don’t Want To Hear About It: “Force incidents often are not properly reported, documented, investigated, or addressed with corrective measures. Supervisors throughout the chain of command endorse questionable and sometimes unlawful conduct by officers. We reviewed supervisory investigations of officers’ use of force that appear to be designed from the outset to justify the officers’ actions. Deeply troubling to us was that some of the specially-trained investigators who are charged with conducting unbiased reviews of officers’ use of deadly force admitted to us that they conduct their investigations with the goal of casting the accused officer in the most positive light.”

6. Top Cops Will Ignore Worst Abuses: “Many of the investigators in CDP’s Internal Affairs Unit advised us that they will only find that an officer violated Division policy if the evidence against the officer proves, beyond a reasonable doubt, that an officer engaged in misconduct—an unreasonably high standard reserved for criminal prosecutions and inappropriate in this context. This standard apparently has been applied, formally or informally, for years.”

7. Most Cops Face No Disciplinary Threats: “Discipline is so rare that no more than 51 officers out of a sworn force of 1,500 were disciplined in any fashion in connection with a use of force incident over a three-and-a half-year period. However, when we examined CDP’s discipline numbers further, it was apparent that in most of those 51 cases the actual discipline imposed was for procedural violations such as failing to file a report, charges were dismissed or deemed unfounded, or the disciplinary process was suspended due to pending civil claims. A finding of excessive force by CDP’s internal disciplinary system is exceedingly rare.”

8. The DOJ Found These Problems Before. “CDP’s systemic failures are such that the Division is not able to timely, properly, and effectively determine how much force its officers are using, and under what circumstances, whether the force was reasonable and if not, what discipline, change in policy or training or other action is appropriate. The current pattern or practice of constitutional violations is even more troubling because we identified many of these structural deficiencies more than ten years ago during our previous investigation of CDP’s use of force.”

9. Police View Their Beats As War Zones:“Instead of working with Cleveland’s communities to understand their needs and concerns and to set crime-fighting priorities and strategies consistent with those needs, CDP too often polices in a way that contributes to community distrust and a lack of respect for officers – even the many officers who are doing their jobs effectively. For example, we observed a large sign hanging in the vehicle bay of a district station identifying it as a “forward operating base,” a military term for a small, secured outpost used to support tactical operations in a war zone. This characterization reinforces the view held by some—both inside and outside the Division—that CDP is an occupying force.”

10. Harassment, Unprovoked Searches Routine: “Some CDP officers violate individuals’ Fourth Amendment rights by subjecting them to stops, frisks, and full searches without the requisite level of suspicion. Individuals were detained on suspicion of having committed a crime, with no articulation or an inadequate articulation in CDP’s own records of the basis for the officer’s suspicion. Individuals were searched “for officer safety” without any articulation of a reason to fear for officer safety. Where bases for detentions and searches were articulated, officers used canned or boilerplate language. Supervisors routinely approved these inadequate reports.”

11. Using Tasers Routine And Never Questioned: “The [Cleveland] Plain Dealer [newspaper] also reported that, between October 2005 and March 2011, CDP officers used Tasers 969 times, all but five of which the Division deemed justified and appropriate (a 99.5% clearance rate which one police expert said “strains credibility”). The Plain Dealer analyzed similar CDP force data in 2007 and found that supervisors reviewed 4,427 uses of force over four years and justified the force in every single case.”

12. The CDP Stonewalled DOJ Investigators: “We note that CDP’s inability to produce key documents raises serious concerns regarding deficiencies in the Division’s systems for tracking and reviewing use of force and accountability-related documents… CDP did not, for example, produce deadly force investigations that occurred after April of 2013 despite multiple requests. CDP was not able to produce some 2012 use of less lethal force reports until more than a year after our initial request for documents and failed to provide a justification for this delay.”

13. CDP Didn’t Want To Be Accountable: “CDP’s inability to track the location of critical force-related documents is itself evidence of fundamental breakdowns in its systems and suggests that any internal analysis or calculation of CDP’s use of force is likely incomplete and inaccurate. It also suggests that CDP does not accept that they are accountable for documenting and explaining their decisions in such matters to civilian leadership, the City, and the community as a whole.”

14. Arrest Reports Cover Up Use Of Force: “Our review of a sample of 2012 arrest records for persons charged with resisting arrest suggests that some uses of force are not being reported. For the months of February, June and August 2012, there were 111 resisting arrest incidents, and for seven of these – over six percent – CDP acknowledges that no use of force report can be located… The inability to produce Taser firing histories compounds our concerns about the reliability of the data and undermines the assertion that Taser uses have declined.”

15. There Are No Clear Policies On Using Force. “Police departments must ensure appropriate training in how and when to use force, and provide the supervision necessary for sufficient oversight of officers’ use of force. Departments must also provide their officers clear, consistent policies on when and how to use and report force. Departments must implement systems to ensure that force is consistently reported and investigated thoroughly and fairly, using consistent standards…

“CDP fails in all of these areas, and this has created an environment that permits constitutional violations. It has also created an atmosphere within CDP in which there is little confidence in the fairness of the disciplinary process—a lack of confidence which extends from the rank and file all the way to the highest levels of the Division and City leadership.”

No Quick Or Easy Solutions

The DOJ report on excessive force by Cleveland’s police is very revealing. It shows how deeply embedded the culture of abusive policing is, how resistant police departments are to changing, and how the problem is not just what weapons are used by police, but how many officers want to operate with impunity and a military mindset.

These aren’t the conclusions of community activists protesting about police brutality and the institutional racism of white officers shooting unarmed black men. These conclusions come from the highest-ranking federal law enforcement officials, who had to use their political power to force the Cleveland Department to open up its records and files.

The DOJ’s observation that many of the same problems of excessive force are back more than 10 years after a similar federal investigation and settlement suggests that reforming America’s runaway police departments is going to be incredibly difficult. Despite public protests, there’s little evidence that police themselves want to change from within.

 

By: Steven Rosenfeld, AlterNet; Published at Salon, December 20, 2014

December 22, 2014 Posted by | Justice Department, Law Enforcement, Police Brutality | , , , , , , | 1 Comment

“Adding Insult To Injury”: First Mike Brown, Then Eric Garner; Prosecutors Can’t Be Trusted To Try Cops

A New York City man who was at most guilty of selling loose cigarettes on the street was tackled and placed in a chokehold by a police officer in late August. The man, Eric Garner, protested that he couldn’t breathe, but the officer with his arm around Garner’s didn’t let up. Today, a grand jury announced that it would not indict the officer, Daniel Pantaleo.

The lack of indictment comes just a week after a grand jury in Ferguson, Missouri, did not indict a police officer there, Darren Wilson, for his role in the shooting death of an unarmed teenager, Michael Brown. Both Eric Garner and Michael Brown are black and their deaths, within just days of each other in August, helped reignite a national conversation—as well as protests—about disproportionate police violence against the black community. At a time when black men are killed by police with disturbing regularity, Garner and Brown’s deaths added urgency to a long-simmering but woefully unaddressed crisis.

I’ll leave it to the legal analysts to rehash the evidence presented to the Pantaleo grand jury. Hopefully there will be a transparent accounting of what was introduced. But the fact that two grand juries in fairly rapid succession have failed to indict police officers involved in highly questionable deaths of unarmed black men should give us all pause. In Panaleo’s case, the grand jury’s refusal to indict him despite his use of dangerous and violent tactics doesn’t pass the smell test. Add in historic patterns of NYPD abuse against black men in New York—Amadou Diallo, Abner Loiuma, stop and frisk generally—and the lack of an indictment downright stinks.

Combined, the two cases suggest that more should be done to decouple criminal investigations of police abuse from the conventional prosecutorial system. Attorneys who usually work hand-in-hand with the police in pursuing other criminal cases can’t honestly be expected to be impartial and aggressive in then prosecuting those same officers. It’s worth noting that when prosecutors nationwide decide to bring charges before a grand jury, they usually succeed. In 2010, for instance, federal prosecutors sought indictments in about 162,000 cases and in only 11 cases did grand juries not return indictments. In the face of those statistics, these two non-indictments are glaring.

Even worse, the failure to indict the officers who killed both Eric Garner and Michael Brown deprives their communities of the transparency and accountability that trials ensure. No one is saying that the officers should be tried if there’s not sufficient evidence, but many legal analysts have agreed there’s enough in both cases to at least warrant a trial. There are questions about facts in terms of both Michael Brown and Eric Garner’s movements before their death, questions of fact that should be debated in a court. There are questions about the officers’ states of mind—questions that could be fleshed out and better understood if the cases went to trial.

But the lack of indictments, now twice in a row, seems to add insult to injury—that not only are black men routinely, disproportionately victimized by the police but they are victimized by a legal system that refuses to hold the police accountable.

 

By: Sally Kohn, The Daily Beast, December 3, 2014

December 5, 2014 Posted by | Criminal Justice System, Ferguson Missouri, New York City | , , , , , , , | Leave a comment

“What’s Old Is New Again In Ferguson”: The Tensions In Missouri Are Part Of A Too-Familiar American Story

Ferguson, Missouri, has opened our eyes to old and new unpleasant truths about the U.S. of A. First, a small Southern town burning over race – that’s a story we know by heart. American history and literature foretell it over and over: the South is the South is the South.

What’s new to our eyes is the extent to which police forces have become militarized against the citizenry. Why we should tolerate police officers on tanks, looking like warriors, wielding heavy artillery, is beyond me. It’s another outrageous gift from the presidency of George W. Bush, who founded the Department of “Homeland Security.” The word “homeland” was not even in American usage before 2001. Now with military surplus hardware going out to law enforcement, the face of policing at home has changed to become more hostile in a post-9/11 posture. Violence on civilians is thus more likely to happen.

Because of Ferguson, black anger and grief at white power and force is now in starker relief than the nation has witnessed in years. As our collective conscience registers the death of an unarmed youth by a police officer, this is a good time – a crisis – to look back as well as forward. Michael Brown was slain, shot several times, caught in the crossfire on a summer night, like many other young black men before him. Emmett Till, a Chicago youth of 14, died a brutal death in the oppressive heat of Mississippi in 1955. All they did to deserve dying was nothing.

Missouri has always been contested ground, a border state with Southern slavery and culture, much like Maryland. It’s the setting of the greatest American novel, all about the crucible of race. Mark Twain, a son of Missouri, wrote in “Huckleberry Finn” about runaway Huck and fugitive slave Jim seeking freedom, rafting on the Mississippi River, away from the slave state Missouri. How stark is that imagery in our shared memory? If you’ve ever seen Hannibal, the riverfront town that was Twain’s boyhood home, you can breathe that languorous Southern air that keeps people in their place. Missouri is far from the self-reliant Midwest in origins and character, contrary to reputation. It’s more Southern, not so much heartland.

One thing I will say in Missouri’s favor is that President Harry Truman, a native son, desegregated the armed forces soon after World War II. Good for Harry.

Missouri was a slave state in antebellum America and the focus of festering debate in Congress during the bitter divide between North and South. The “Missouri Compromise” of 1820 was just the first skirmish. In the 150 years since the Civil War, in the 50 years since the landmark civil rights acts, we are still prisoners of the past. Reconciliation is far from complete. Racial relations still smolder in the former slave states – known as “the Slave power,” among the abolitionists who resisted it. Philadelphia Quakers and Bostonian Unitarians shone as anti-slavery leaders from the 1830s to the 1850s. These decades were our darkest historical hours.

We still have an unspoken fault line, descended from the Mason-Dixon Line that separated freedom and slavery. Not all states were created equal, let’s be honest. The leading states standing against slavery were Ohio, Pennsylvania, Massachusetts and New York. That’s just the truth. But old Missouri still has the weight of slavery hanging over it, our own American “peculiar institution.” It remains somewhere under the sun, painfully re-enacted in variations to this day.

Just ask Michael Brown.

 

By: Jamie Stiehm, U. S. News and World Report, August 18, 2014

August 19, 2014 Posted by | Ferguson Missouri, Racism, Slavery | , , , , , , , | Leave a comment

%d bloggers like this: